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Our Democratic First Amendment
This rediscovery of First Amendment rights offers both an engaging constitutional history and insight into contemporary political dialogue and society.
Ashutosh Bhagwat (Author)
9781108484800, Cambridge University Press
Hardback, published 4 June 2020
174 pages
23.5 x 15.7 x 1.4 cm, 0.36 kg
'This title is well sourced, remarkably engaging, and for students and scholars alike.' D. E. Smith, Choice
The First Amendment to the US Constitution protects free speech, freedom of the press, freedom of association and assembly, and the right to petition the government. Why did the Framers protect these particular rights? What role were these rights intended to play in our democracy? And what force do they retain in today's world? In this highly readable account, Ashutosh Bhagwat explores the answers to these questions. The first part of the book looks at the history of the First Amendment, early political conflicts over its meaning, and the lessons to be learned from those events about the nature of our system of government. The second part applies those lessons to our modern, fractious democracy as it has evolved in the age of the Internet and social media. Now as then, the key to maintaining that democracy, it turns out, is an active citizenry that fully embraces the First Amendment.
Introduction
Part I. The Framers' Democrocratic First Amendment: 1. Freedom of speech and of the press
2. Assembly and association
3. The petition clause
4. Cognate rights and democratic citizenship
Part II. The Democratic First Amendment in the Age of Twitter: 5. Cacophony: speech and press in the Internet era
6. DeSiloing: of civic associations, book clubs, and taverns
7. Why assembly and petition still matter
Conclusion.
Subject Areas: Constitutional & administrative law [LND], Public international law [LBB], Legal history [LAZ]